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UNITARY PATENT

In 2012 Member States and the European Parliament agreed on the "patent package" - a legislative initiative consisting of two...

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Patent issues

Snippet 1 MYM Autumn 2014

How a trade mark is used by its owner, and perceived by the relevant public, can have a major impact on both registered and unregistered rights in the mark. This basic te...

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Snippet 8 MYM Autumn 2014

By contrast with the CTM proprietor's inability to sustain its registration for Moroccanoil on the basis of acquired distinctiveness, one of the best known price comparis...

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Candy Crush Saga

Another highly successful web-based product is the mobile video game, Candy Crush Saga. This product is reported to be the most popular game on Facebook with around 50 mi...

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Greek Yoghurt

​Greek yoghurt is a type of yoghurt that has been strained to remove the whey, giving it a thicker consistency while preserving the yoghurt’s sour taste. It has become in...

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Rhianna vs Topshop

​In another passing off case before the English High Court (Fenty v Arcadia Group Brands), the pop singer Rihanna was able to restrain the UK fashion chain Topshop from s...

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Aermacchi

A bad faith cancellation action before OHIM involving the house mark of the well-known Italian aircraft manufacturer, Aermacchi, recently succeeded.​A Spanish company, Gr...

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Caserta Salvi

​One of the tricks of the OHIM trade has always been, when a word mark is rejected as non-distinctive, to file again with a combination of the unacceptable word mark and ...

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Belgian Electronic Sorting Technology

A recent ruling of the Court of Justice (CJEU) (Belgian Electronic Sorting Technology (BEST) v Peelaers (C-657/11)) considered the meaning of the word “advertising” in Ar...

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Steiff

​The difficulty in protecting unusual trade marks in the European Union has been illustrated once again by two recent decisions of the (European) General Court in Margare...

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Knut

​More on bears or, at least, a particular bear. Knut was a polar bear kept in captivity in Berlin Zoo (Zoologischer Garten Berlin) from 2006 until his death in 2011.​Knut...

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Panini

​The preoccupation of European trade mark authorities with the phonetic comparison of two trade marks has led to many odd decisions being made on likelihood of confusion....

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Golden Balls

​When Inez and Gus Bodur decided to choose the phrase Golden Balls as the name of their sportswear company back in 2001, they could hardly have imagined the trade mark st...

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